Court rules Health Minister’s order on Covid-19 quarantine as null and void

With a ruling dated May 18, the Supreme Administrative Court declared order № РД-01-157 / 26.03.2020 of the Minister of Health null and void in its part, which allowed preliminary execution of several other orders concerning the coronavirus quarantine measures in the country.

The order was considered null and void because it was issued in the absence of material competence. By its nature, it is an order for preliminary execution of other orders specified in it, representing general administrative acts. The Minister of Health lacked the power to rule on whether there will be preliminary implementation of general administrative acts, as this is provided directly in the law.

Administrative case № 3706 of 2020 was initiated on the basis of a complaint by an individual who was placed under a 14-day quarantine on arrival in Bulgaria and during that time was not entitled to return to work in the United Kingdom. The Bulgarian citizen complained about parts of orders of the Minister of Health, including orders RD-01-130 / 17.03.2020; RD-01-131 / 17.03.2020; RD-01-140 / 19.03.2020 and RD-01-143 / 20.03.2020, which concern these quarantine measures.

The ruling can be appealed before a five-member panel of the SAC.

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